Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Nov 23, 1948

80 N.L.R.B. 783 (N.L.R.B. 1948)

In the Matter of BETHLEHEM STEEL COMPANY, SHIPBUILDING Divi-
SION, EMPLOYER and CHANDLER C. JACKSON, AN INDIVIDUAL, PETI-
TIONER and INTERNATIONAL FEDERATION OF TECHNICAL ENGINEERS',
ARCHITECTS' AND DRAFTSMEN'S UNION, LOCAL 116, AFL, UNION
Case No. 16-RD-32
SUPPLEMENTAL DECISION
AND
ORDER
November 23, 1948
On October 8, 1948, the Board issued its Decision and Direction of
Election 1 in this proceeding, directing that a decertification election
be conducted among the employees in the unit found appropriate. The
union had been certified by the Board on December 29, 1945, as the
exclusive bargaining representative of these employees.2 On October
11, 1948, the Regional Director advised the Board that the Union
had formally indicated the surrender of its charter and the complete
dissolution of its organization. The Regional Director recommended,
therefore, that the Board rescind its Direction of Election and dismiss
the decertification petition herein.
On October 20, 1948, the Board issued an Order to Show Cause
why the petition herein should not be dismissed. Thereafter, the
Petitioner filed a response, expressing no objection to the proposed
dismissal of its petition but merely seeking assurance that the Union's
certification would no longer be considered effective. No response was
received from the Union.
Under these circumstances, whether or not a de facto dissolution of
the Union has been accomplished, we must regard the Union's noti-
fication to the Regional Director, described above, as a disclaimer
of its status as exclusive bargaining representative of the employees
in the unit and an abandonment of any surviving rights it may have
1 79 N. L . R. B. 1271.
2 The plant had been under the operation of the Employer 's predecessor at that time.
Matter of Pennsylvania Chtpyards, Inc., 64 N. L. R. B. 1135.
80 N. L. R. B., No. 123.
783
784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
possessed under its certification.3 As the labor organization sought
to be decertified herein no longer claims to represent these employees
of the Employer, there does not exist a question concerning representa-
tion requisite for us to proceed with the decertification election.
Accordingly, we find that no question affecting commerce exists
concerning the representation of employees of the Employer, within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act, as amended. We shall, therefore, set aside the Direction of Elec-
tion and dismiss the petition.
ORDER
Upon the basis of the foregoing facts, the National Labor Rela-
tions Board hereby orders that the Direction of Election issued in
this case on October 8, 1948, be, and it hereby is, set aside, and that
the petition for decertification filed herein be, and it hereby is,
dismissed.
MEMBERS HOUSTON and GRAY took no part in the consideration of
the above Supplemental Decision and Order.
3 Matter of Federal Shipbuilding and Drydock Company , 77 N I. R B. 463.